Zoning Board of Appeals Meeting
12/21/2010 6:00 PM
Ceremonial Court Room
City Hall-4th Floor
Yonkers, New York 10701
AGENDA FOR ZONING BOARD OF APPEALS
PLEASE TAKE NOTICE: A Public Hearing will be held before the Zoning Board of Appeals of the City of Yonkers on TUESDAY, DECEMBER 21, 2010 at 6:00 P.M. sharp, in the Ceremonial Court Room, Yonkers, New York (building is accessible to the handicapped), on applications for Appeals from the Building Commissioner's decisions and applications for Variances under the provisions of G.O. # 4-2000, as amended:
DECISIONS
#5245 – Area Variance – Taffy Williams (owner), on behalf of herself, on premises known as 191 Westchester Avenue, Block: 4573, Lots: 11 & 12, Zone: “S-50”.
#5246 – Area Variance – Whitelaw Architects, on behalf of 333 Bronx River Tenants Corp. (owners), on premises known as 333 Bronx River Road, Block: 6307, Lot: 150, Zone: “A”.
#5248 – Area Variance – Andrew Romano, Esq., on behalf of St. Peter’s Kananya Church, on premises known as 18 Greenvale Avenue, Block: 2475, Lot: 110, Zone: “S-50”.
# 5250 – Area Variance – Andrew Romano, Esq., on behalf of Sabath Luyando, on premises known as 142 Parkview Avenue, Block: 5665, Lot: 5, Zone: “S-50”.
CONTINUED HEARINGS
# 5224 – Area Variance – James J. Veneruso, Esq. on behalf of Smith-Cairns Ford, Inc. (owner), for an addition & modification to auto sales facility. Whereas, parking of display vehicles not permitted within minimum front yard as per Section 43-38C (3). And exceeds maximum number of ground/pole signs permitted on site (3 permitted; 4 proposed) per Sign Ordinance Section 47-7A(8), on premises known as 900 Central Park Avenue aka 10 Schaefer Avenue, Block: 5111 Lot: 1, Zone: “OL”.
# 5231 – Use & Area Variance – Veneruso, Curto, Schwartz & Curto, LLP on behalf of Blue Real Estate Holdings, LLC (owner), to construct a new 15-story 220 unit residential apartment building with 4,500 sq. ft. retail space. Whereas, the proposed use is not permitted, as per Section 43-27, Table 43-1 (accessory parking for business use in MG zone). Exceeding maximum permitted floor area ratio, as per Section 43-27, Table 43-3 (required 3.00; proposed 6.10+/-). Exceeding maximum permitted height, as per Section 43-27, Table 43-3 (required 112.5’; proposed 165.1’+/-). Insufficient front yard, as per Section 43-27 & Table 43-3 (required 10’; proposed 1”+/- (Yonkers Avenue). Parking within the minimum front yard is not permitted, as per Section 43-133(A)1. Parking within the minimum side yard is not permitted, as per Section 43-133(A)1. Insufficient parking aisle width, as per Section 43-134.A.12) (required 24’-0; proposed 0’ for tandem parking spaces & 10’+/- for open-air parking space). Exceeding maximum permitted building coverage, as per Section 43-27, Table 43-3 (required 40% for residential; proposed 53%+/-). Fences and walls, including retaining walls must not exceed 4 feet in height in a required front yard setback or in any other required yard setback abutting a street and 6 feet within any other required yard setback, as per Section 43-41.D.3.a). (9’-6” & 8’-2”+/- high proposed), on premises known as 1217 Yonkers Avenue, Block: 6383 Lots: 6, 8, 9, 10, 14, 15, 17, 19, 22, 24-27, Zone: “BA” & “MG”.
#5249 – Area Variance & Intensification of a Non-Conforming Use – Joseph DiSalvo, Esq., on behalf of Louis Dinapoli (lessee) and R & F Scarsdale LLC (owners) for additions to existing restaurant for proposed east and west dining extension and patio extension as well as an entrance terrace with trellis above. Having insufficient parking, Section 43-128 and Table 4 (required 15 spaces additional, proposed none). Intensification of a non-conforming use requires approval of the ZBA per Section 43-21B(1), on premises known as 2 Scarsdale Road, Block: 4546, Lot: 50, Zone: “I”. (postponed until January meeting)
# 5251 – Reconstruction of a Non-Conforming Use - Andrew Romano, Esq., on behalf of Paul Reid, to reconstruct a new 2-family dwelling. Whereas the proposed 2-family is not permitted in 1-family zone; however, reconstruction of a non-conforming use is permitted per Section 43-21E provided that the reconstruction is commenced within 1-year from the date of such damage and completed within 2 years of said date and further provided that it shall be reconstructed in accordance with a plan approved by the Zoning Board of Appeals pursuant to Section 43-144K (previous case #5166 denied on August 25, 2009), on premises known as 273 Kimball Avenue, Block: 6175, Lot: 47, Zone: S-75.
# 5252 – Area Variance - Delbello, Donnellan, Weingarten, Wise & Wiederkehr, LLP, on behalf of The Community Builders (applicant) and the City of Yonkers (owner) for the redevelopment of former Public School No. 6 site with 120 dwelling units in two (2) buildings, 50 of which will be for senior citizens. Whereas exceeding maximum permitted floor area ratio, Section 43-27, Table 43-3 (required 1.25, proposed 2.464 +/-). Exceeding maximum permitted height, Section 43-27, Table 43-3 (required 65’, proposed 87’) (70 unit building). Insufficient lot area per family, Section 43-27, Table 43-3 (required 800 square feet, proposed 422 square feet). Exceeding maximum building coverage (required 40%, proposed 44.8% +/-). Insufficient rear yard, Section 43-27, Table 43-3 (required 25’, proposed 0’ +/-) (70 unit building). Insufficient parking, Section 43-128, Table 43-4 (required 134 spaces; proposed 96 spaces). Parking within 5 feet of all property lines not permitted, Reference Yonkers Zoning Ordinance 43-44.A.9.b (proposed 0’ +/-). Parking within 5 feet of a building on the same lot is not permitted. Reference Yonkers Zoning Ordinance 43-44.A.9.b (70 unit building) (proposed 0’ +/-), on premises known as 33 Ashburton Avenue, Block: 2094, Lot: 40, Zone: “M”.
NEW HEARINGS
# 5253 – Area Variance and Intensification of a Non-Conforming Use - Andrew Romano, Esq., on behalf of Sustah Property, owner, for reconstruction of front porch to existing 2-family dwelling. Whereas Lot #26 (current application) and Lot 24 were previously under the same ownership; therefore: intensification to a non-conforming use requires Zoning Board of Appeals approval (Reference Yonkers Zoning Ordinance 43-21.G). Insufficient lot area, Section 43-27, Table 43-3 (required 10,000 square feet, provided 4,254.25 square feet +/-). Insufficient lot width, Section 43-27, Table 43-3 (required 100.0, proposed 45.50’) (when lot was separated and sold to new owner). Insufficient side yard at north side of existing building, Section 43-27, Table 43-3 (required 25.0’, proposed 0.1” +/-). Insufficient side yard at south side bay window, Section 43-27, Table 43-3 (required 25.0’, proposed 7.0’ +/-) (scaled). Insufficient side yard at south side of proposed concrete deck, Section 43-27, Table 43-3 (required 25.0”, proposed 15.0’ +/-). Insufficient side yard at north side of proposed concrete deck, Section 43-27, Table 43-3 (required 25.0’, proposed 14’-7” +/-). Insufficient total side yard at existing north side of building and existing bay window at south side of building), Section 43-27, Table 43-3 (required 50.0, proposed 7.1’ +/-) (scaled). Insufficient total side yard at proposed concrete deck, Section 43-27, Table 43-3 (required 50.0, proposed 14’.8” +/-). Parking within minimum front yard setback not permitted, Section 34-133(A)(1), on premises known as 329 Warburton Avenue, Block: 2117, Lot 26, Zone: “BR”.
# 5254 – Area Variance - Andrew Romano, Esq., on behalf of NY Bagel/John Maiolini, owner, for interior alterations to existing bagel shop to add tables and chairs inside changing occupancy from a food and beverage to restaurant use. Having insufficient parking, Section 43-128 and Table 4 (12 additional parking spaces required, 0 proposed), on premises known as 1032 Yonkers Avenue, Block: 6163, Lot: 16, Zone: “B”.
JOSEPH CIANCIULLI
CHAIRMAN, ZBA
